Chapter 3 - Documentation and Evidence

us-uscis-policy-manual-volume-2-part-p-chapter-3Chapter 3 - Documentation and EvidenceGuidance

A. Filing Requirements

1. Canadian Citizens

Canadian citizens residing outside the United States may choose to file a Petition for a Nonimmigrant Worker (Form I-129) with USCIS requesting initial TN status. Canadian citizens may also file Form I-129 if requesting an extension of status while currently in valid TN status, or if requesting a change of status to TN from another valid nonimmigrant status. Canadian citizens usually do not need a visa as a TN professional,[1] although the U.S. Department of State (DOS) can issue a visa at a U.S. embassy or consulate to qualified Canadian TN visa applicants upon request. A Canadian citizen without a TN visa may also apply for TN nonimmigrant status at a U.S. port of entry.[2]

2. Mexican Citizens

Mexican citizens must file a Petition for a Nonimmigrant Worker (Form I-129) with USCIS if requesting an extension of status while currently in valid TN status, or if requesting a change of status to TN from another valid nonimmigrant status. Mexican citizens residing outside the United States must apply for a TN visa at a U.S. embassy or consulate.[3]

B. Evidence

1. Business Activity Requirements

The applicant for TN nonimmigrant classification must demonstrate that he or she will engage in business activities in the United States at a professional level in a profession listed in NAFTA/USMCA. The alien must provide documentation describing the professional activities that he or she will perform for the U.S. employer or entity, including a summary of the daily job duties, if appropriate.[4]

2. Degree Requirements

If a profession requires a baccalaureate or licenciatura degree, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor's degree is listed. For some professions, experience is required in addition to the degree.[5]

Degrees, diplomas, or certificates received by the alien from an educational institution outside of the United States, Canada, or Mexico must be accompanied by an evaluation by a reliable credentials evaluation service that specializes in evaluating foreign educational credentials.[6]

Experiential evidence should be in the form of letters from former employers. If the alien was formerly self-employed, business records attesting to that self-employment must be submitted.

3. Professional License Requirements

The alien must meet applicable license requirements to practice a licensed profession in the U.S. state in which the alien intends to practice.[7]

In certain circumstances, although a profession may generally require licensing, there may be duties within the occupation that do not require licensing. A state may require a profession to be licensed for certain activities but not for all activities engaged in by the profession.

For example, a dentist must possess a license in the United States to practice dentistry, but if a Canadian or Mexican citizen is coming to the United States as a TN nonimmigrant to give a seminar on dentistry, a U.S. license is not necessary. A Canadian TN applicant may establish qualifications as a dentist by showing a Canadian provincial license such as a Doctor of Dental Surgery D.D.S. or a Doctor of Medicine in Dentistry D.M.D.[8]

Similarly, a Mexican dentist coming to give a seminar on dentistry might show a professional license in dentistry from the Federal Secretary of Education’s General Directorship of Professions such as a Doctor en Odontologia Degree or a Doctor en Cirugia Dental Degree.[9]

As another example, a Canadian lawyer might be seeking admission as a TN nonimmigrant to offer professional-level legal advice about Canadian law but is not going to practice law in the United States. Such a Canadian citizen would need only to establish qualification as a lawyer in Canada, such as a Juris Doctor (J.D.) degree or provincial bar membership. The same would apply to a Mexican lawyer seeking admission as a TN nonimmigrant offering professional legal advice about Mexican law but is not going to practice law in the United States.

USMCA allows for temporary entry to perform training functions relating to any of the cited occupations or professions, including conducting seminars.[10] However, these training functions must be conducted as a prearranged activity performed for a U.S. entity. The subject matter of the training must also be at a professional level. The training function does not allow an alien seeking admission as a TN nonimmigrant to conduct seminars that are not prearranged.

Footnotes 


[^ 1] Even though the United States-Mexico-Canada-Agreement (USMCA) replaced NAFTA, the USMCA retains all substantive elements of the former NAFTA, and the United States continues to use the TN designation for NAFTA and USMCA professionals.

[^ 2] For information on applying for TN nonimmigrant status at a port of entry, see U.S. Customs and Border Protection’s For Canadian and Mexican Citizens webpage and USCIS’ TN USMCA Professionals webpage.

[^ 3] See 22 CFR 41.59(c). See 9 FAM 402.17-7, Temporary Entry.

[^ 4] See 8 CFR 214.6(b) (definition of business activities at a professional level). See 8 CFR 214.6(d)(3)(ii)(B).

[^ 5] For a complete list of professions with minimum education requirements and alternative credentials, see NAFTA Appendix 1603.D.1 and Chapter 16, Annex 1603, Section D. See 8 CFR 214.6(c).

[^ 6] See 8 CFR 214.6(d)(3)(ii).

[^ 7] See 8 CFR 214.6(d)(3)(ii) (the applicant must meet “the criteria to perform at” the proposed professional level).

[^ 8] See NAFTA Appendix 1603.D.1 (Dentist).

[^ 9] See NAFTA Appendix 1603.D.1 (Dentist).

[^ 10] See NAFTA Appendix 1603.D.1, n 1.

Resources

Legal Authorities

8 CFR 214.1(c)(5) - Decision on application for extension or change of status

8 CFR 214.2(q)(5)(ii) - Petition for multiple participants

8 CFR 214.6 – Citizens of Canada or Mexico seeking temporary entry under NAFTA/USMCA to engage in business activities at a professional level

INA 214(c) - Admission of nonimmigrants

INA 214(e) – Nonimmigrant professionals and annual numerical limit

NAFTA/USMCA Chapter 16 – Temporary entry for business persons

Pub. L. 103-182 (PDF) (December 8, 1993) – North American Free Trade Implementation Act

Pub. L. 116-113 (PDF) (January 29, 2020) – United States-Mexico-Canada Agreement Implementation Act

The United States-Mexico-Canada Agreement (USMCA) (PDF)– Protocol replacing the North American Free Trade Agreement with the Agreement between Canada, the United States of America, and the United Mexican States

Appendices

No appendices available at this time.

Updates

POLICY ALERT - Professionals under the United States-Mexico-Canada Agreement (USMCA)

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding certain eligibility requirements, including filing, petitions for classification, and change of status relating to the “TN” nonimmigrant visa classification under the United States-Mexico-Canada Agreement (USMCA), formerly known as the North American Free Trade Agreement (NAFTA).

Read More
Technical Update - Replacing the Term "Noncitizen"

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

Technical Update - Replacing the Term “Alien”

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.

Read More
Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

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